News and Technical Updates

R&D Tax Reliefs consultation – our views

Government recently consulted on whether to merge the SME R&D tax relief with the large company R&D Expenditure Credit (‘RDEC’) into a single scheme, seeking views from a wide audience. (See earlier blog post here) The consultation broadly considered:   We submitted a representation on behalf of Bright R&D with input from our clients who claim under both regimes. In summary, we asked for:   Output from the consultation is expected later this year.  For further information, or to discuss how

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Palm trees silhouetted against the sun outside a building in Malaga, Spain

Quick and easy resolution of an R&D enquiry – credit to HMRC

A chemicals company approached me late last year with a troublesome R&D enquiry. HMRC didn’t understand how the projects made an overall advance in technology. Based on what I read, I could understand why, so approached with caution. My view changed dramatically however following a call with the company and their technical team. We put together a simple scope of work involving me speaking with the R&D Inspector, agreeing that we would respond on 2 out of 8 projects and

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Proposal to merge the UK’s two R&D regimes – consultation launched

As you may have spotted, Government launched a new consultation on 13th January inviting views on the design of a potential single R&D tax relief scheme (merging the Small/Medium Enterprise (‘SME’) and large company RDEC regimes that exist currently). The proposal is that the new scheme should be an ‘above the line’ RDEC like credit, that might then seek to take the best attributes from each regime. Implementation is proposed for accounting periods starting on or after 1 April 2024

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HMRC R&D reforms from 1 April 2023 – draft guidance published

HMRC published its draft guidance on 20 December in support of the 1 April 2023 R&D reform. Alink is below: https://www.gov.uk/government/consultations/draft-guidance-research-and-development-rd-tax-reliefs As a reminder, the key changes proposed are: Restrictions to exclude overseas subcontractor / EPW costs from claims Inclusion of data licenses and cloud computing services costs Advance claim notification (for companies that have not filed an R&D claim in any of the previous 3 years) The inclusion of mathematics within the definition of qualifying R&D Additional information required before or at the same time

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Are you ready for an R&D enquiry?

We have seen several companies surprised by the level of detail HMRC may require in support of an R&D claim. Often, they find out too late after the claim has already been filed, with insufficient supporting information retained. Collating the information within the 30-day window given can be difficult, particularly if the claim goes back a few years and key staff have moved on. For that reason, Bright R&D is sharing extracts / examples from recent HMRC opening enquiry letters

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‘L’ Day – draft R&D legislation published

Today was an exciting day in the world of R&D as Government published the draft legislation and guidance setting out the changes planned next year. This will be effective for accounting periods starting on or after 1 April 2023 (so for a December year end, the 31 December 2024 R&D claim). In a nutshell: Subcontracted R&D and externally provided workers (and contributions to independent research) only qualify where R&D activities are undertaken in the UK. Narrow exemptions exist but are

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R&D ‘need to know’ – December 21

A few things to put on your radar to ensure you can make the most of R&D claim opportunities whilst aligning with the rules and latest guidelines. Quinn tax case – HMRC will not appeal You may have seen quite a lot of excitement regarding a taxpayer victory at first tier Tribunal in June 20 that was published recently.  Briefly, HMRC challenged an SME claim as it was argued that the expenditure was subsidised via a client contract. In our

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R&D tax case victory for HMRC

The eagle eyed amongst you may have seen a recent tax case* involving R&D credits that went in HMRC’s favour. Essentially the case reconfirms that the burden of proof sits with the taxpayer to prove that it is undertaking qualifying R&D activities. It seems likely that this case will give renewed vigour to HMRC, fuelling its quest to stamp out the recent trend of flawed SME claims. Genuine claimants should continue to ensure that appropriate records and documentation are retained

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R&D Consultation – what we’ve asked for

The Government recently consulted on the future of R&D Tax Reliefs seeking views from a broad audience.  The consultation considered: definitions, eligibility and scope of the reliefs, to ensure they are up-to[1]date and competitive, and that they reflect how R&D activity is conducted now, how well the reliefs are operating for businesses and HMRC, and whether this could be improved, targeting of the reliefs, to ensure that for every pound of taxpayer support, we maximise the value of the beneficial

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More HMRC arrests and sentences for R&D fraudsters – time to do the right thing?

As a chartered accountant some would suggest my working life is rather dull (I would disagree of course – helping companies with R&D credits is genuinely fascinating). Recent events have made me reflect on the serious nature of our work as professionals and the importance of ethics and high quality standards. We often hear anecdotally about bad behaviour within the profession and, for years, the steps being taken to curb this have felt too slow and insignificant. But the reality

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